PART 4

EXAMINING APPLICATIONS

Examining applications

Power of examining authority to hold local inquiry
47
1
An examining authority may hold a local inquiry for the purposes of examining an application.
2
An examining authority holding a local inquiry may by summons require any person—
a
to attend the inquiry in accordance with the requirements specified in the summons under subsection (4) and to give evidence;
b
to produce any documents in the person’s possessions or under the person’s control which relate to any matter in question at the inquiry.
3
The examining authority holding the inquiry may take evidence on oath, and for that purpose may administer oaths.
4
A summons must specify—
a
the time at which attendance is required, and
b
the place at which attendance is required or, if attendance is to be facilitated by other means, instructions on how to attend by those means.
5
A summons under this section does not require a person to attend the inquiry (whether attendance is required at a place or facilitated by other means) unless the person’s necessary expenses of attending are paid or offered to the person.
6
A person may not be required under this section to produce the title (or any instrument relating to the title) of any land which does not belong to a local authority.
7
It is an offence for a person to—
a
refuse or deliberately fail to comply with a requirement of a summons issued under this section, or
b
deliberately alter, suppress, conceal or destroy a document the person is required, or is liable to be required, to produce under this section.
8
A person guilty of an offence under subsection (7) is liable on summary conviction or conviction on indictment to a fine.
9
In this section, “local authority” means the council of a county, county borough or community in Wales.